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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I'm tenant of an old Victorian house which suffers from

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Hi,
I'm tenant of an old Victorian house which suffers from water pressure (shares the same income water flow from Thames Water with the flat downstairs) that affects both myself and the tenant downstairs (each property have a different landlord / agency).
I have formally reported the issue since 1st month of living in the house and this matter has always been a slow progress in terms of analysis / resolution, below is a time-frame of what happened / was done so far:
1. Reported the issue to the agency (May 2015)
2. Landlord took a lot of time to reply but he allowed the initial investigations (he lived in the property before and was fully aware of the issue according to neighbours, this is a known issue from everyone that lived in the property including the landlord but nothing has even been done). (June 2015)
3. An agency contractor attended the property for investigation and pointed to be a Thames Water issue (June 2015)
4. Thames Water attended the property and proof by giving a technical report that the supplied water pressure is above the minimal required by law and therefore the issue resides inside the property and possibly because both houses share the same income water pipe from the street. (July 2015).
5. Agency agreed to send another contractor to evaluate the work inside the house (as the landlord decide to show his awareness of the issue as well an initial intention in resolve) (July 2015).
6. I have asked for a £30 monthly compensation to cover the costs of having to have a shower elsewhere, it was agreed but not retrospectively, so from the 25th August onwards (rental payment day) I'm receiving £30 compensation per month, after pay the rent.
7. Agency sent 2 different contractors on almost a month gap between them to make a proposal (August / September 2015).
8. The landlord decide to not go with any of both options and want to send his personal friend, an specialist (September 2015).
9. The agency is saying the landlord is waiting for a date from his contractor to attend the property (September - October).
So that's where we are, 6 months gone and every single communication take sometimes more than a week and other times only come when I chase for a reply.
I'm now questioning the agency / the landlord on to WHY the contractor don't have a DATE, is that too much for asking ? Am I being wrong in believe that nothing should stop you for more than 2-3 weeks to have a date on regards ***** ***** someone would attend to the property to do again, another evaluation / proposal ?
In order words, I clear feel I'm being played, they are slowly moving just when I chase and they run out of excuses to why it's taking so long, I feel the £30 compensation became so cheap that there is no interest in address the issue.
My overall question would be, is there anything I can do to "force" them to give real priority ? Or to help me stop them to play this "wasting time" game of not do anything and keep winding me up on excuses like "waiting for a date to do another evaluation" even after have done it twice with different companies ?
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
What is it you want to achieve please?
Customer: replied 1 year ago.

1. I would like to have normal water pressure in the house, meaning, I can have a shower without have to stop because there is literally no water coming out of the pipes.

2. I would like to be compensate for the months where they knew the issue but did nothing, meaning retrospective.

3. Related to item 1, I would like a resolution, he is clear wasting time saying his friend doesn't have any slot available neither can advise when he will be, so basically he is washing his hands in terms of resolving the issue because according to him (I have asked the contractor details to confirm what they are saying, but I have been ignored here) the specific contractor he want (ignoring any other chance) is not available and neither can advise when he would be.

In other words, I would like a bigger compensation if they plan to just wind up and not resolve, but ideally I just wanted the issue to be resolved, even an work around would be ok for now, the money thing is more to feel "at least I'm not paying for an entire house when there is no decent water flow / pressure and sometimes there is NO water coming at all" and at the same time to put some real intention in the landlord to resolve an old and ongoing issue from years.

Does that answer the question ?

Expert:  Ash replied 1 year ago.
Have you had anyone around to tell you what the problem is?
Customer: replied 1 year ago.

1. Thames Water issue an official report saying the watter issue falls inside the house as up to where the Thames Water are responsible for supply it's coming above the minimal required by law.

2. No one did any work if not visual but it seems clear the water pressure falls into the fact both flats share the same income pipe and the pipes must be old

Expert:  Ash replied 1 year ago.
Ok, you need you need to get a quote for doing the work from 3 people and then pick the cheapest, this forms your loss.
You need to write and set out your losses and request a payment of that amount PLUS compensation within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk  or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Customer: replied 1 year ago.

Thanks Alex, I feel we are starting to go somewhere here, but now more questions:

1. The agency already sent 2 different contractors to do the quote, but for obvious reasons I have no access to that data, would that count ? Or the fact the agency won't share with me I cannot use that on my favour ?

2. Can I also instruct the cheapest one to carry on the work ? My concern here would be whether I'm empowered to fix this situation on my own and then seek for compensation ?

3. When you mean compensation, how can I work that out what would be a legal accepted amount or rule to find more or less what this amount would be ?

Thanks

Expert:  Ash replied 1 year ago.
1. The agency already sent 2 different contractors to do the quote, but for obvious reasons I have no access to that data, would that count ? Or the fact the agency won't share with me I cannot use that on my favour ?
You should get your OWN prices. But yes the fact they wont share is in your favour.
2. Can I also instruct the cheapest one to carry on the work ? My concern here would be whether I'm empowered to fix this situation on my own and then seek for compensation ?
You are claiming for the cost of work - in reality when you issue a claim, the work will get done.
3. When you mean compensation, how can I work that out what would be a legal accepted amount or rule to find more or less what this amount would be ?
Yes you can claim COMPENSATION on top of any costs for putting the work right,.
Does that help?
Alex
Customer: replied 1 year ago.

Alex, still not clear on few points

1. All clear, thanks for that.
2. So I first do the quote, then get the work done on my expenses and just after have all the issue sorted that I would issue a claim ? From your words sounds that I need to issue a claim straight after the quote, meaning, before any work to actually start, is that right ?
3. How do I calculate compensation ? What could be use as a base for that calculation ? Not sure how do I turn non financial values into financial values.

Expert:  Ash replied 1 year ago.
1) No, quote for the work, as the Landlord/Agent to do it or say you will go to Court. Then if they refuse issue a claim for the COST of the work (so you are not out of pocket).
2) As for compensation leave that to the Court to decide for you.
Does that help?
Alex
Customer: replied 1 year ago.

1. Ok, I think I got that now, I was confusing claim with reimbursement. If there is any costs involved in have the plumbers coming in and doing quotes, should that be added as part of this claim ?

Once you confirm and if that's the case then I believe you have helped me with all today.

Thanks

Expert:  Ash replied 1 year ago.
Yes that should.
Is that ok?
Alex
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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